Constitutional Review in the Netherlands: A Joint Responsibility

Article 120 of the Constitution of the Netherlands prohibits the judicial review of laws and treaties against the Constitution. This strong emphasis placed on what is called 'legislative supremacy' is seen as one of the main characteristics of the Dutch constitutional tradition. But is it correct to define the relationship between the legislature and the judiciary in terms of the supremacy of the one over the other? After all, in order for the democratic rule of law to function properly, balance and dependency are of great importance. Several developments have led us to view constitutional law... Mehr ...